A defendant shall be punished by imprisonment for a term of one year and two months.

A. On June 4, 2016, with regard to (i) the violation of the law in financial business specializing in larceny, fraud, and credit extension on the part of the victim D’s cellular phone and credit card, the crime is not committed because the victim D used the cellular phone and credit card.

With respect to the fraud of the victim D, the report was actually made by the victim with the money borrowed from the victim, and there was the intention of repayment, but the report was not well prepared as it was anticipated, and only the report did not change.

Referencely, with respect to the fraud of the victim K, a woman who intends to operate a news report room is introduced and received as a reward, and the victim did not defraud the money by deceiving the victim, such as the facts charged.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) Title 1;

A. (1) Although the lower court denied the Defendant’s criminal act with the same purport, the lower court found the Defendant guilty of this part of the facts charged on the basis of the victim’s statement, etc.

In light of the fact that the victim D, from the investigative agency to the court of the court below, consistently stated that the defendant had a cell phone and credit card without his own permission and used it, the judgment of the court below is just and there is no error of law that affected the conclusion of the judgment by misunderstanding the fact.

(b) 1-2

A. Although the lower court denied the Defendant’s criminal act with the same purport, the lower court found the Defendant guilty of this part of the facts charged on the grounds of the victim’s statement, etc.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, by the defendant's statement at the prosecutor's office, were observed from around December 2015, but the police control was seriously known and the victim was unable to pay the money.